Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-09-03
THE BAKER CASE.
ATTORNEY Cook Thinks He Has Found
Cause 70. n New Trial.

Attorney Cook Thinks He Has Found
Cause fo. a New Trial.
A Steubenville special to the Plttsburg
Times says: As the eth of September, the
time set for the hearing of the motion for
a new trial in the Van B. Baker murder
case, to take place before Judge Boyd, at
Wheeling, draws near, the interest, which
abated after the rendering of the verdict of
guilty, is again revived. The Times repre-
sentative to-day interviewed John NJ.
Cook, one of the attorneys for Baker, to
learn if possible what steps had cen taken
by the defense in his interest.
At first Mr.. Cook declined to say any
thing about the case, but finally said he felt
a good deal of confidence that Baker would
be granted a new trial because, in his judg-
ment, Baker did not receive such a trial as
is contemplated by the bill of rights, as
was shown by the evidence taken. At least
a part of the jurors went upon the jury
with a decided opinion as to the guilt of
Baker. Their opinions were so decided,
Judging by their expressions before going
upOn the jury, that no amount of evidence
would or could overcome them. The de-
PENDANT and his counsel were not aware of
this fact when the jury was empanneled.
The Jury was unquestionably permitted to
separate at different times and hold con
versatiOns with different parties, and while
so separated to have Publications at places
far distant from the Coart House.
While it is probable that no actual am
pering with the jury will be shown, yet it
is we'll known that the entire community
where Baker was tried was peryaded with
prejudice and animosity TO him, and it was
hardly possible that the Jury could be
permitted to mingle with the people and
not be affected. Mr.. Cook thinks that the
rule of law is that the mere facts Of the
separation and commingliug Of the jury
with the people presumes the defendant TO
be prejudiced. The evidence taken and to
be submitted in support Of the motion for
a new trial shows that at least n Of the
Jurors received information that a feeling
existed in the community that some OF the
Jury were more favorable to Baker than
they ought to be, and that If
they carried their feelings into
the verdict they would be
harshly dealt with. Numerous demon
STATIONS were made by the audience Of
satisfaction and dissatisfaction, as the evil
dence was for or against Baker, and that
the demonstrations were 50 manifest that
the got beyond the control of the court Of
ficers, and could not fail having a decided
influence upon the jury. Mr.. Cook thinks
that upon the Court being made acquaint-
ed with these substantial facts which
strongly tend to show that the trial was a
mis-trial, an order to set aside the YER
dict and directing a new trial Of the case
will he granted
This covers about all the points made.
1t is understood that the main thing the
defense relies upon is the declarations Of n
Juror made before the trial, which doubtless
refers to Mr.. Spivey, who, it is claimed,
in East Liverpool, offered to bet $500 that
Baker would ~be.conyicted, and who fur
ther declared that he would hang the -
- if he was on the jury.